DEPARTMENT OF EDUCATION 2
Administrative Code of 1987
Book V, Title 1(A), Chapter 8, Section 55
DEPARTMENT OF EDUCATION 3
COMELEC-CSC Joint Circular No. 001 s. 2016
Joint COMELEC-CSC Advisory on Electioneering & Partisan Political
Activities
DEPARTMENT OF EDUCATION 4
DepEd Order No. 48 s. 2018: Prohibition on
Electioneering and Partisan Political Activity
DEPARTMENT OF EDUCATION 5
DepEd Order No. 48 s. 2018:
Prohibited Activities
• Forming organizations, associations, clubs, committees, or other groups of persons for the purpose of
soliciting votes and/or undertaking any campaign for or against a candidate/party;
• Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies for the
purpose of soliciting votes and/or undertaking any campaign for or against a candidate/party;
• Making speeches, announcements, or commentaries, or holding interviews for or against the election of
any candidate or party for public office;
• Publishing, displaying, or distributing campaign literature, or materials designed to support or oppose the
election of any candidate or party;
• Directly or indirectly soliciting votes, pledges, or support for or against a candidate or party;
• Being a delegate to any political convention, or a member of any political committee or directorate, or an
officer of any political club or other similar political organizations;
• Receiving any contributions for political purposes, either directly or indirectly;
• Becoming publicly identified with the success or failure of any candidate/s or party/ies;
• Wearing of t-shirts or pins, caps or any other similar election paraphernalia bearing the names of the
candidates or political party except as authorized by the Commission on Elections;
• Being a watcher for a political party or candidate during the election;
• Consistent presence in political rallies, caucuses of, and continuous companionship with certain political
candidates and/or political party in said political activities, causing the employee to be closely identified
with such candidate and/or political party;
• Giving personal, financial or other monetary contributions, supplies, equipment and materials for the
benefit of a candidate and/or political party;
• Utilizing government resources such as personnel, including job order or contract of service hirees, time,
and properties for political purposes;
• Distributing handbills/leaflets;
• Attendance at political meetings andDEPARTMENT
caucuses; andOF EDUCATION 6
Political Neutrality and
Transfer and Movement of
Officials
7
RA No. 6713: Code of Conduct and Ethical Standards for
Public Officials and Employees
DEPARTMENT OF EDUCATION 8
Supreme Court Decisions on
Separation of Powers
Belgica, et al. vs. Executive Secretary
“
(G.R. Nos. 208566, November 19, 2013)
“
The principle of separation of powers and its concepts of
autonomy and independence stem from the notion that the
powers of government must be divided to avoid
concentration of these powers in any one branch; the
division, it is hoped, would avoid any single branch from
lording its power over the other branches or the citizenry. To
achieve this purpose, the divided power must be wielded by
co-equal branches of government that are equally capable
of independent action in exercising their respective
mandates. Lack of independence would result in the
inability of one branch of government to check the arbitrary
or self-interest assertions of another or others.
DEPARTMENT OF EDUCATION 10
Belgica, et al. vs. Executive Secretary
(G.R. Nos. 208566 & 209251)
“
Broadly speaking, there is a violation of the separation of
powers principle when one branch of government unduly
encroaches on the domain of another. US Supreme Court
decisions instruct that the principle of separation of powers
may be violated in two (2) ways: firstly, "one branch may
interfere impermissibly with the other’s performance of its
constitutionally assigned function"; and "alternatively, the
doctrine may be violated when one branch assumes a
function that more properly is entrusted to another." In other
words, there is a violation of the principle when there is
impermissible (a) interference with and/or (b) assumption of
another department‘s functions.
DEPARTMENT OF EDUCATION 11
Araullo, et al. vs. Aquino III, et al.
(G.R. Nos. 209287, February 3, 2015)
“
As clarified in Endencia and Jugo v. David*:
”
*Nos. L-6355-56, 93 Phil. 696 (1953) as cited in Araullo, et al. vs. Aquino III, et al.
DEPARTMENT OF EDUCATION 12
Separation of Powers
DEPARTMENT OF EDUCATION 13